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Global Governance, Conflict and China sheds a unique perspective on China’s normative behaviour in the realm of collective security, peacekeeping, arms control, the war on terror and post-conflict justice. This analysis engages with an Asian epistemological framework whose relational thought borrows from the context – space and time alike – that informs China’s principle-driven conduct on the international plane. Through the lens of relational governance, this work develops a new theory on the relational normativity of international law (TORNIL) that identifies the interdependent sources that underpin China’s international legal argument, i.e. norms, values and relationships. Without a fertile soil in which those conflicting relationships between share- and stakeholders can be rebuilt, international laws governing (post-conflict) violence cannot restore and maintain peace, humanity and accountability.
Armed conflict, today, has diverged from war as it was known in generations past, and from this, has tested the means by which conflicts and violence are regulated. Written with an eye to a region plagued by such conflicts, War and Law in the Islamic World examines the origins and roles that two distinct systems of governance – Islamic law and international humanitarian law – have played in conflicts past and present. Meant equally for the scholar or student, this book presents the legal and policy complexities of today’s conflicts in a new light through its careful and well-researched investigation of the past and the present.

This title is now listed in the International Humanitarian Law Bibliography: https://www.icrc.org/eng/assets/files/2015/biblio-2015-3.pdf

Abstract

The war on terror has more than ever divided nation-states regarding the means and methods to address the causes and manifestations of (inter)national terrorism. Depending on its legal classification, different international and regional legal regimes govern those counter-terrorism efforts, including international humanitarian law, international human rights law, international criminal law and international refugee law. By shedding light on the changing discourses to fight the war on terror on behalf of national governments as well as international courts, new international legal responses and strategies of engagement are needed in the face of those new realities on the ground. This report covers, firstly, India’s development argument in the fight against terrorism that borrows from China’s approach in Xinjiang Autonomous Region, secondly, the accountability gap before the International Criminal Court and the UK administrative authorities for conduct carried out in the war on terror respectively in Afghanistan and Iraq, and, lastly, the Turkish use of refugees and safe zones in its counter-terrorism campaign against Kurdish forces in Northern Syria.

In: The Asian Yearbook of Human Rights and Humanitarian Law

Abstract

Peoples have been fighting for self-determination and equality ever since the time of colonisation. The principles that inform the legitimacy of those struggles from the period of decolonisation until the present day, namely the principle of equality of peoples and of belligerents have variably received legal recognition under international and humanitarian law. Since the wars of national liberation against colonialism, the fights for internal self-determination until more recently the operationalisation of the doctrine on the Responsibility to Protect, both principles have either come closer or moved further apart. Various international legal, political, judicial and humanitarian institutions have shaped the content and interplay of these principles in response to the human suffering on the battlefield. This article will examine how competing sovereignty or community interests within distinctive political contexts have been responsible for such divergent evolution in their relationship. 


In: The Asian Yearbook of Human Rights and Humanitarian Law
In: Human Rights and Good Governance
In: Regional Cooperation and Free Trade Agreements in Asia
In: Asian Yearbook of International Law, Volume 22 (2016)

Abstract

Traditionally, the territorial regimes of the Islamic Law of War distinguish between armed conflicts which take place within the Islamic territory and those which are waged against non-Muslim enemies. The regimes have respectively been legalized into the abode of Islam, i.e. the dar al-Islam, and the abode of war, i.e. the dar al-harb. Yet, the bifurcation of the world order into different spheres was a legal fiction which did not have any textual support in the primary sources of Islam, i.e. the Quran and the Sunnah. From the eighth century onwards, they would serve as a legitimation to consolidate their territorial conquests and to manage internal affairs accordingly. The construction of these regimes has ever since perpetuated in the analysis of contemporary conflicts thus reinforcing the existence of these fictions which have started to live their own realities. Nonetheless, the Quranic provisions do provide wisdom in transcending some of the divisions which mankind – Muslim and non-Muslim alike – have imposed upon themselves. In this regard, their common belonging to God’s creation is a departure from the current legal discourse – in pursuit of the command to do good and to forbid evil, namely to respect humanity in its diversity.

In: International Law and Islam